After enlisting in the Army, and completing the 8 year obligatory term required of all persons who enlist in the military the Army stop-lossed me. I am wondering how this is legal when the 13th amendment clearly states "Neither slavery nor involuntary servitude" "shall exist in the United States."

I am now involuntarily serving in the Army and I have not been able to get a clear answer to how this is legal. I would appreciate if anyone can give me an explanation to this or perhaps point me in the right direction.

Thanks... Jason

Hi, Jason!

As a vet myself, let me see if I can clear it up for you a bit.

#1: Once you enlisted, the Constitution no longer applied to you. Instead, the UCMJ became your guiding legal document. Therefore, the 13th Amendment is not a factor.

#2: Go over your enlistment paperwork. You will find in there (somewhere, I can't remember exactly) a clause that says they have the right to hold you as long as national security dictates as necessary.

In other words: Until they cut you loose, they do in fact own you--lock, stock, and barrel.

I didn't like it either, but once the personnel officer showed me where it was and that I'd signed it, I was out of arguments.

Thanks kindj... Isn't it ironic that the very thing we swore to protect no loger protects us.

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Originally Posted by theforgottonwar

Thanks kindj...Isn't it ironic that the very thing we swore to protect no loger protects us.

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It seems so. But then again, look at the all the possible things that could happen if it DID protect us. Can you imagine a military with full freedom of speech rights? The right to peacefully protest? Wow... doesn't even bear thinking about. By necessity some things have to be sacrificed for the machine to function as intended. It's just one more of the many sacrifices we made. For me, it was only temporary. 12 years later, I am a private citizen again, doing my own thing.

And hidden away in some of that paperwork, esp if you do certain MOS, there will be a little clause that even after you are discharged, in times of national emergancy or war, you can be called back to active duty.

Been there done that.